Modifications of This Agreement
Slayton reserves the right to change, modify, amend and/or update this Agreement at any time with or without prior notice at the sole and absolute discretion of Slayton. Your use of the Slayton Website following any such changes, modifications, amendments and/or updates constitutes your unconditional agreement to follow and be bound by this Agreement as so changed, modified, amended and/or updated. You are responsible for reviewing this Agreement each time you use or access the Slayton Website.
Slayton is not affiliated or associated with the sponsors, owners or producers of any websites that might be linked to or from or accessed through the Slayton Website. Such websites are not under Slayton’s control and Slayton explicitly disclaims any responsibility for the accuracy, content or availability of the information products, and/or services found on or through such websites. Slayton does not endorse and has not taken any steps to confirm the accuracy or reliability of any of the information, products or services contained on or through such websites. Slayton does not make any representations or warranties as to the security or use of any information (such as credit card and other sensitive information) you might provide on or through any such websites.
You may not link to the Slayton Website without the express written permission of Slayton. In the event you desire to link to the Slayton Website, please contact Slayton to obtain such written permission, which may be granted or withheld by Slayton in its sole and absolute discretion.
Solely Intended for United States Users
Unless otherwise explicitly specified on the Slayton Website, the information on the Slayton Website is intended solely for use and access by persons residing in the United States, its territories and possessions, who are over 13 years of age. In the event you are not over 13 years of age, do not use the Slayton Website. Slayton controls and operates its Website from offices located in the United States and makes no representations or warranties that the information, products or services contained on the Slayton Website is appropriate for use or access or is available in other jurisdictions.
The Slayton Website and its content are intended solely for commercial use, consistent with this Agreement. Unless otherwise explicitly specified, all materials that are included in or are otherwise a part of the Slayton Website are copyrighted, patented, trademarked and/or include other intellectual property, which is owned, controlled or licensed by Slayton. The compilation (i.e., the collection, arrangement and assembly) of all materials on the Slayton Website is the exclusive property of Slayton and is protected by U.S. and international copyright laws. Except as solely provided in the next sentence, no material from the Slayton Website may be copied, modified, reproduced, republished, uploaded, posted, transmitted or distributed in any way. You may download on any single computer one copy of the materials for your personal use, provided that: (a) you keep intact all copyright and other proprietary notices; (b) you do not use the materials in a manner that suggests an association with any of our products, services or brands; and (c) you make no modifications to the materials. In addition, you agree not to: (m) use or access the Slayton Website for any purpose that is unlawful or prohibited by this Agreement; (n) use or access the Slayton Website in a manner that could damage, disable, overburden, or impair the server hosting the Slayton Website or the networks connected to any server hosting the Slayton Website; (o) interfere with any third party’s use and enjoyment of the Slayton Website; or (p) attempt to gain unauthorized access to information, accounts, computer systems or networks retained on or connected to any server hosting the Slayton Website through hacking, password mining or any other means.
THE SLAYTON WEBSITE IS PROVIDED BY SLAYTON ON AN ”AS IS” AND ”AS AVAILABLE” BASIS. SLAYTON MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SLAYTON WEBSITE OR THE INFORMATION INCLUDED ON SUCH WEBSITE. SLAYTON DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUSES. SLAYTON DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SLAYTON WEBSITE OR ITS OPERATION WILL BE ERROR-FREE WITHOUT DELAY OR UNINTERRUPTED (INCLUDING, WITHOUT LIMITATION, ANY ERRORS, DELAYS OR INTERRUPTIONS DUE TO PROBLEMS WITH COMMUNICATION LINES OR SYSTEMS, ACTS OF GOD OR FAILURE OF A TELECOMMUNICATIONS SERVICE PROVIDER TO PROVIDE CONNECTIVITY), THAT DEFECTS WILL BE CORRECTED, OR THAT THE SLAYTON WEBSITE OR THE SERVER THAT MAKES THE SLAYTON WEBSITE AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING VIRUSES. SLAYTON DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON THE SLAYTON WEBSITE IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY OR RELIABLE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SLAYTON WEBSITE, THAT YOUR USE IS AT YOUR SOLE RISK. Some states do not allow the disclaimer of implied warranties, so portions of the foregoing disclaimer might not apply to you. This warranty gives you specific legal rights, and you might also have other legal rights which vary from state to state.
Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL SLAYTON OR ANY OF ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, CONTRACTORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR ACCESS TO OR INABILITY TO USE OR ACCESS THE SLAYTON WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF SLAYTON HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOU, AND NOT SLAYTON, SHALL ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE. IN NO EVENT WILL SLAYTON OR ANY OF ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, CONTRACTORS OR SUPPLIERS BE LIABLE FOR ANY CLAIM OR DAMAGES, INCLUDING, WITHOUT LIMITATION, FOR RELATED CLAIMS OR RELATED CLAIMANTS, IN EXCESS OF ONE HUNDRED UNITED STATES DOLLARS ($100.00). These limitations of liability shall apply even if a limited remedy fails of its essential purpose. Some states do not allow the limitation of liability, so portions of the foregoing limitation might not apply to you.
Online Copyright Infringement Notification
If you believe that the Slayton Website contains materials that constitute copyright infringement, please notify Slayton promptly.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD SLAYTON AND ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, CONTRACTORS, MEMBERS, MANAGERS OR SUPPLIERS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING FROM OR RELATED TO: (A) YOUR USE OF THE SLAYTON WEBSITE; AND/OR (B) YOUR BREACH OF THIS AGREEMENT.
Term and Termination
Slayton shall have the right to terminate your access to, and use of, the Slayton Website immediately and you shall cease such use immediately upon notice from Slayton, if, in its sole discretion, Slayton believes that your conduct fails to conform to this Agreement. Slayton also reserves the right to investigate suspected violations of this Agreement.
Upon termination of this Agreement, all rights granted to you under this Agreement will cease immediately, and you agree that you will immediately discontinue use of the Slayton Website.
E-mail submissions over the Internet might not be secure. Please consider this fact before e-mailing any personal or confidential information.
Applicable Laws and Binding Arbitration
This Agreement shall be governed by and construed under the laws of the State of Illinois, without regard to conflicts of laws principles. Any controversy or claim arising out of or relating to this Agreement or the Slayton Website shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association, except that to the extent Slayton seeks injunctive or equitable relief. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Chicago, Illinois and judgment on the arbitration award may be entered into any court having jurisdiction thereof. YOU AGREE THAT JURISDICTION OVER AND VENUE IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THE SLAYTON WEBSITE OR THIS AGREEMENT SHALL BE IN THE STATE OR FEDERAL COURTS LOCATED IN COOK COUNTY, ILLINOIS. NOTWITHSTANDING THE FOREGOING, SLAYTON MAY SEEK INJUNCTIVE OR EQUITABLE RELIEF IN ANY COURT HAVING PROPER JURISDICTION.
Commencement of Actions
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO THE SLAYTON WEBSITE OR THIS AGREEMENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES.
The failure of Slayton to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit Slayton’s rights with respect to such breach or any subsequent breaches. Neither the course of conduct between the parties nor trade practice shall act to modify this Agreement. Slayton may assign its rights and duties hereunder to any party at any time without any notice to you. You may not assign this Agreement without Slayton’s prior written consent. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
If you have any questions, comments, or concerns regarding this Agreement and/or the Slayton Website, please contact Slayton at the following address:
Slayton Search Partners
311 South Wacker, Suite 3200
Chicago, IL 60606